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<br /> 9 9 ..1,0 6:318 DEED OF TRUST Page 2
<br /> � (Continued)
<br /> Deed of Trust. The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender and Trustee.
<br /> Grantor. The word"Grantor"means any and alt persons and entities executing this�eed of Trust. Any Grantor who signs this Deed of Trust,but
<br /> does not sign the Credit Agreement, is signing this Deed of Trust only to grant and convey that Grantor's interest in the Real Property and to grant
<br /> a secunty interest in Grantor's interest in the Personal Property to Lender and is not personally liable under the Credit Agreement except as
<br /> otherwrse provided by contract or law. ' �
<br /> flmprovements. The word "Improvements" means and includes without limitafion all existing and future improvements, fixtures, buildings,
<br /> structures,mobile homes affixed on the Rear Property,facilities,additions and other construction on the Real Properfy.
<br /> Indebtedness. The word "Indebtedness" means all principal and interest payable under the Credit Agreement and any amounts expended or
<br /> advanced by Lender to discharge obligations of Grantor or expen5es incurced by Trustee or Lender to enforCe obligations of Grantor under this
<br /> Deed of Trust, together with interest on such amounts as provided in this Deed ot Trust. Speciflcally,without Itmitatfon, thla Deed of Trust
<br /> xcures a revolving Ifne of credit,which obligate�Lender to make advances to Grontor so lony as Grontor complles with all the terms of
<br /> Me Credlt A�rcement. Such advances may be'made, r�paid, and remade from time to tlme, subject to the Ilmltation that the total
<br /> outstandln�Dalance owing at nny one time,not including Nnance char9es on wch balance at a Axed or varieble rate or sum aa provfded
<br /> in the Credit Agreement,any temporary overoges,other charges,and any amounts expend qr ndvanced as provlded in thls para�aph,
<br /> shall not exceed the Credit Limit as provided in the Credit Agreement. Notwithstandin�t�e�qrtp��utst�c��jy at any partfcular time,
<br /> Mis Deed of Trust secures the total Credit Agreement amount shown above. The unpaid balance of the revolvin�Ilne of credit may at
<br /> ceRain ttmes be lower than the amount shown or zero. A zero balance does not terminate the Ilne ot credit or terminate Lender's
<br /> obltyation to advance funds to Grontor. Therefore, the Ben of this Deed of Trust will remain (n full foroe and effect notwithstandfny arry
<br /> �ero balance. ,
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<br /> Leax. The word'Lease"means any tease between Grantor and the Lessor of the Property.
<br /> Lender. The word'Lender"means NAFCO NE Federal Credit Union,its suCCessors and assigns.
<br /> Personal Property. The words"Personal Property" mean atl equipment, fixtures,and other a�icfes of personal property now or hereafter owned
<br /> by Grantw,and now or hereafter attached or affixed to the Real Property;together with all accessions,parts,and additions to,all replacemenis of,
<br /> and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums)from any sale or other disposition of the Property.
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and Grant"sectlon.
<br /> RNated DoCUments. The words "Related Documents" mean and include without limitation alI promissory notes, credit agreements, loan
<br /> agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereaRer
<br /> e�osting,executed in connecfion with Grantor's Indebtedness to Lender.
<br /> Trustee. The word'Trustee"means the entity shown at the top of page one of this Deed of Trust.
<br /> THIS DEED OF TRUST AND, IF ANY, A SECURITY INTEREST IN THE PERSONAL PROPERTY, IS GIVEH TO SECURE (1) PAYMElVT OF ThtE
<br /> INDEHTEDNESS AND (2)PERFORMANCE OF EACN AGREEMENT AND OBLIGATION OF GRANTOR UNDER THE CREDIT AGREEMENT,THE
<br /> AEIATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST 1S GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> 3. PAYMENT AND PEAFORMANCE. Except as otherwise provided in this Deed of Trust. �rantor shall pay to Lender all amounts secured by this
<br /> Deed of Trust as they become due, and shall strictty and in a timely manner perform all of Grantor's obligations under the LOANLINER� Home Equity
<br /> Plan Gedit Agreement and this Deed of Trust.
<br /> 4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
<br /> the following provisions:
<br /> Po�ession and Use. Until the occuRence of an Event of Default, Grantor may (a) remain in possession and control of the Property, (b) use,
<br /> operate or manage the Property,and (c)collect any Rents from the Property.
<br /> Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs and maintenance necessary to
<br /> preserve its vatue.
<br /> Hazardous Substances. Grantor represents and wanants that the Property never has been, and never will be so long as this Deed of Trust
<br /> remains a lien on the Property, used for the generation,manufacture,storage,treatment,disposal,release or threatened release of any hazardous
<br /> waste or substance, as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
<br /> amended,42 U.S.C. Section 960�,et seq.("CEACIA"),the Superfund Amendments and Reauthorization Act("SAHA"),applicable state or Federal
<br /> laws,or regulations adopted pursuant to any of the foregoing. Grantor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests as !ender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Grantor
<br /> hereby (a)releases and waives any future claims against lender for indemnity or contribution in the event Grantor becomes liable for Cleanup or
<br /> other costs under any such laws, and (b) agrees to indemnify and hold harmless Lender against eny and all claims and losses resultinq hom a
<br /> Dreach of this paragraph of the Oeed of Trust. This obligetion to indemnify shall survive the payment of the Indebtedness and the satisfaction of
<br /> this Deed of Trust.
<br /> Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
<br /> Property or any portion of the Property. Specifically without limitation,Grantor will not remove,or grant to any other party the right to remove,any
<br /> timber,minerals(including oil and gas),soil,gravei or rock products without the prior written consent of Lender.
<br /> Lender's Rlght to Enter. Lender and its agents and representaGves may enter upon the Real Property at all reasonable dmes to attend to
<br /> Lenders interests and to inspect the Property for purposes of Grantor's compliance with the terms and condiHons of this Deed of Trust.
<br /> Compllance wlth Governmental Requirements. Grantor shall promptly comply with alt laws, ordinances,and requlations of all �ovemmental
<br /> authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulaHon and
<br /> withhoid compliance during any prxeeding,incfuding appropriate appeals,so long as Grantor has notified Lender in wri6ng prior to dang so and
<br /> so lonq as Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security a a surety bond,
<br /> reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts,in addition to those acts
<br /> set torth above in this section,which from the Character and use of the Property are reasonably necessary to protect and preserve the Property.
<br /> 5. COMPLIANCE WITH LEASE. If there is a Lease on the Property,Grantor will pay all rents and will strictly observe and pertorm on a 6mely basis all
<br /> other terms. covenants, and conditions of the Lease. Grantor further agrees (a) not to surrender, terminete, or cancel the Lease, and (b) not to
<br /> "C�tfV, Ch3��B. SUCDI?!+�g�', a11Q�, 0� 3r'�°^d !h2 L225@. @i�h@f Or311y p� in writing, without Lende%s onor wntten con,ert. Nc =<_tate i� the Prope�,
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